Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Apr 2010
    Posts
    27

    Default Non-Custodial Parent Picked Up Child from School

    My question involves a child custody case from the State of: Alabama

    My girlfriend’s ex-husband picked up their son from school. He returned him a short time later. The mother is the primary residential parent and the father has visitation rights every other weekend. The child is exchanged at the local police department because the mother has a protection order against him. He picked him up from school just to show her he could. This just happened today and she called the police but they said they are not sure what they could do about it.

    Any advice would be helpful.


    Thank you in advance.

  2. #2
    Join Date
    Apr 2008
    Location
    Bunker Hill, West Virginia
    Posts
    72

    Default Re: Non-Custodial Parent Picked Up Child from School

    I don't know all the legal ins and outs, but it seems to me that if she is the custodial parent, by court order, then what he did amounts to custodial interference.

  3. #3
    Join Date
    Apr 2010
    Posts
    27

    Default Re: Non-Custodial Parent Picked Up Child from School

    Here is what I found with the information you provided.


    =========================================
    § 13A-6-45. Interference with custody.

    Statute text

    (a) A person commits the crime of interference with custody if he knowingly takes or entices:

    (1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or

    (2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. "Committed person" means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another's custody by authority of law.

    (b) A person does not commit a crime under this section if the actor's sole purpose is to assume lawful control of the child.

    The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

    (c) Interference with custody is a Class C felony.

    History

    History: Acts 1977, No. 77-607; Acts 1983, No. 83-571.

    Annotations

    Editor's note. - Former similar law: Code 1975, § 13-1-22.

    Cross references. - Juvenile proceedings, disregarding court order or interference with custody, § 12-15-14.


    ============================================
    Section 30-3-156
    Interference with custody or violation of Chapter 3B.

    The fact that joint custody has been awarded to both parents shall not preclude a court from finding that one parent has committed the crime of interference with custody as provided in Section 13A-6-45, or has violated the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Chapter 3B of this title.
    (Acts 1996, No. 96-520, p. 666, §7; Act 99-438, p. 777, §2.)
    ==============================================

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Custodial Parent Picked Up Child from School

    Quote Quoting LanceBabe
    View Post
    I don't know all the legal ins and outs, but it seems to me that if she is the custodial parent, by court order, then what he did amounts to custodial interference.


    This single incident is a million miles away from custodial interference.

  5. #5
    Join Date
    May 2008
    Posts
    582

    Default Re: Non-Custodial Parent Picked Up Child from School

    Did the custodial parent share a copy of the custody order with the school district? If so, then there could be something to formally complain about.

  6. #6
    Join Date
    Apr 2010
    Posts
    27

    Default Re: Non-Custodial Parent Picked Up Child from School

    She had not given a copy of the divorce papers to the school. They have been divorced for five years and he has never picked up the child from the school. She is not blaming the school but her ex did this to to show his power.

    My girlfriend has a protection order against her ex, and I am almost sure it says the child is to be exchanged at the local police station. That is where she has always dropped off and picked up. This was not even his day to get him. Her story to me when we met was that when she gets into a relationship he starts stalking her. He is remarried and has a two year old with his new wife. I kind of blew that off in the beginning, heard the crazy ex stories before, but see now she was dead on. He was also convicted of harassing communications against another woman while he was married to his new wife. The charged was a plea bargain down from stalking.

    Her child is in therapy, for over a year now, for the torment the father puts the child threw. I encouraged my girlfriend to go to therapy, she did, and they diagnosed her with post traumatic stress syndrome from the abuse she endured from her marriage.

    This seems to be a never ending battle of her ex doing things right on the edge of the law.

    From the information above she filed a police report last night. The police were not going to take it further than "give this copy to your attorney" until she gave them a copy of the information above. They were unaware of that law, especially the second part.

    The police still kind of blew it off because of the short time her ex had the child but that is part of his game; torment torment torment.

  7. #7
    Join Date
    May 2008
    Posts
    582

    Default Re: Non-Custodial Parent Picked Up Child from School

    In our school district I had to provide a copy of the custody agreement to show that I had sole custody and that the father had no custody or visitation. This way he could not come to the school to pick up the child. They ran it by their legal department and keep a copy on file. That's why I asked.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Non-Custodial Parent Picked Up Child from School

    Umm Boys and Girls,
    Having sole custody does NOT mean dad can't pick up his child from school...

    what really needs to happen is that one of the involved parties needs to come on here and post so that all the specifics are relayed. Getting third hand information from a boyfriend is... irresponsible at best.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Custodial Parent Picked Up Child from School

    Quote Quoting CourtClerk
    View Post
    Umm Boys and Girls,
    Having sole custody does NOT mean dad can't pick up his child from school...

    what really needs to happen is that one of the involved parties needs to come on here and post so that all the specifics are relayed. Getting third hand information from a boyfriend is... irresponsible at best.




  10. #10
    Join Date
    May 2008
    Posts
    582

    Default Re: Non-Custodial Parent Picked Up Child from School

    Court Clerk-
    Just curious- If there is a signed order for sole custody that states that the other parent does not have custody and at no time there would be any periods of visitation, then on what grounds would that non0custodial parent be able to pick up the child from anywhere?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Custody and Visitation Issues: When Can a Non-Custodial Parent Accompany a Child on a School Trip
    By involved dad in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 05-16-2018, 06:25 AM
  2. Custody and Visitation Issues: Non-Custodial Parent is Spending Too Much Time at Our Child's School
    By bjw12889 in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 05-21-2015, 12:19 PM
  3. Custody and Visitation Issues: When Can a Non-Custodial Parent Access a Child's School and Medical Records
    By DLS7392 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-13-2014, 10:13 AM
  4. Custody and Visitation Issues: Non-Custodial Parent Checked Our Child Out of School
    By tekguy in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-13-2013, 01:25 AM
  5. Custody and Visitation Issues: Custodial Parent Not Taking Child to School - What to Do
    By dvstate in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 06-04-2013, 07:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources